Key facts of the case:
One of the (anonymised) parties mentioned under “Parties (c)” above won a public tender for the general refurbishment of the S6 Semmering highway on 31 July 2007. The award of the tender was delivered to the bidder consortium mentioned under “Parties (a)” above only on 2 December 2010 whereupon the bidder consortium appealed against the award of the tender. To the Federal Procurement Authority. The Federal Procurement Authority rejected (zurückweisen) the appeal whereupon the bidder consortium appealed against this decision to the Administrative Court.
Pursuant to § 39 para 2 n°6 of the Supreme Administrative Court Act [Verwaltungsgerichtshofsgesetz; VwGG] it was not necessary to conduct the requested oral hearing in front of the Administrative Court, as an oral hearing already took place in front of the authority which issued the contested ruling – a tribunal in accordance with Article 6 ECHR and Article 47 of the Charter, respectively (cf, in relation to the Charter, the ruling of the Administrative Court of 30 September 2010, 2010/03/0051).